Reed v. Cone

Appeal from an order of the Supreme Court at Special Term, entered March 4, 1977 in Albany County, which denied plaintiff’s motion to vacate a prior order dismissing the complaint. This action was brought to recover for personal injuries allegedly sustained by plaintiff as the result of an automo*878bile accident. Defendant Cone, the operator of the vehicle in which plaintiff was a passenger at the time of the accident, moved for summary judgment on the ground that the plaintiff had not sustained a "serious injury” as defined by subdivision 4 of section 671 of the Insurance Law. Although opposing…